medical malpractice

Published on: June 19, 2018

Report: Nursing Homes Overmedicate People With Dementia

A study published recently by Human Rights Watch reveals roughly 180,000 nursing home residents are being given antipsychotic drugs, despite the fact they have not been diagnosed with conditions like schizophrenia, which the medications are specifically designed to treat.

In many instances, a strong case could be made for medical malpractice or nursing home abuse negligence, depending on the circumstances and the harm suffered by the patient. Most nursing home residents have either Alzheimer’s disease or some form of dementia, but antipsychotic medication is not approved for treatment of those illnesses. Furthermore, these medications come with a U.S. Food & Drug Administration “black box warning,” indicating these medications may put those with dementia and similar conditions at risk of death.

Researchers concluded the drugs were administered despite lack of informed consent and rather than for the benefit of the patient, for the benefit of the facility and its staffers – to make patients easier to manage when the nursing homes are understaffed. The drugs have a sedative effect, and that, rather than any other medical benefit they might have, is largely while they are so prevalent in nursing homes. The problem is they also alter one’s consciousness, meaning they can negatively impact a person’s ability to interact with others. They can also make it much easier for someone working in an understaffed facility to care for these patients – particularly if they aren’t properly trained. As our nursing home abuse lawyers in Orlando know, a great many nursing homes have staffing levels that fall far below what is considered necessary to provide a minimum level of care. Continue reading →

Published on: February 19, 2018

Pain Medication Error Results in Fatal Overdose of Nursing Home Resident

By Dean Freeman

A new state report blames a nurse and a nursing home for a medication error that proved deadly to a 53-year-old short-term resident. The Star Tribune in Minnesota reports the patient received a dose of powerful pain medication that was 20 times too potent, resulting in his death.

After receiving the wrong dose of the medication one evening before bed, he probably died shortly thereafter. However, paramedics weren’t called until the following morning, which would seem to indicate that the issue wasn’t discovered until that time. He was pronounced dead at the scene.

Although the nurse who delivered the fatal dose of oxycodone was first on the state health department’s list of those responsible, investigators also pointed the finger at the facility, which reportedly did not have a system that would track changes in the way powerful, high-risk medications – including painkillers – would be given to patients. The facility was fined a sum the state hasn’t disclosed, but has been allowed to remain open after adopting new medication protocol. Continue reading →

Published on: December 4, 2015

Dentist Suspected of Medicaid Fraud Involving Nursing Home Patients

By Dean Freeman

Medicaid fraud is a widespread problem within the health care industry in Florida and nationwide. The issue is especially pervasive when it comes to elderly, and nursing home patients in particular.

The reason is because these individuals often lack the ability to discern or report what is happening to them. This can involve patients undergoing procedures that are unnecessary or not in their best health interest, as well as their accounts being billed for services or medications that were never rendered. In any case, it is patients who suffer this harm.

Recently in Sunrise, a 48-year-old dentist became the subject of a search warrant in a Medicaid fraud case in which it was alleged he fraudulently billed Medicaid for dentures in patients who either never received them or didn’t need them. During the search of his computers, federal agents allegedly found evidence of child pornography as well. Continue reading →